Proposed Rule2024-07129
Air Plan Approval; Ohio; OAC Chapter 3745-17 Particulate Matter
Primary source
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Published
April 15, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve assorted revisions to Ohio's particulate matter rules that the state requested EPA approve into the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). The updates to Ohio's particulate matter rules include revisions to remove provisions for facilities or emissions units that have permanently shut down, update facility names and addresses, and make nonsubstantive revisions to the language of the rules.
Full Text
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<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Proposed Rules]
[Pages 26115-26117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07129]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0034; FRL-11775-01-R5]
Air Plan Approval; Ohio; OAC Chapter 3745-17 Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve assorted revisions to Ohio's particulate matter rules that the
state requested EPA approve into the Ohio State Implementation Plan
(SIP) under the Clean Air Act (CAA). The updates to Ohio's particulate
matter rules include revisions to remove provisions for facilities or
emissions units that have permanently shut down, update facility names
and addresses, and make nonsubstantive revisions to the language of the
rules.
DATES: Comments must be received on or before May 15, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0034 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#5e323f3039333f307033373d363f3b321e3b2e3f70393128"><span class="__cf_email__" data-cfemail="f498959a9399959ada999d979c959198b4918495da939b82">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Emily Crispell, Control Strategies
Section, Air Programs Branch (AR-18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-8512, <a href="/cdn-cgi/l/email-protection#ee8d9c879d9e8b8282c08b83878297ae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="9efdecf7edeefbf2f2b0fbf3f7f2e7defbeeffb0f9f1e8">[email protected]</span></a>. The EPA Region 5 office is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays and facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. History of Submittal
The Ohio Environmental Protection Agency (Ohio EPA \1\) is subject
to requirements to review each of its regulations every five years, to
assess whether any updates to the regulations are warranted and for
other purposes. Accordingly, Ohio EPA reviewed its regulations in Ohio
Administrative Code (OAC) Chapter 3745-17, entitled ``Particulate
Matter Standards,'' and adopted various revisions amending and updating
these rules. Ohio EPA then requested that EPA approve these revisions
into the SIP, in a submittal dated January 18, 2024.
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\1\ To avoid confusion, this action uses the term ``Ohio EPA''
as shorthand for the Ohio Environmental Protection Agency and the
term ``EPA'' as shorthand for the United States Environmental
Protection Agency.
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As a result of its review, Ohio EPA concluded that rule revisions
were needed to remove provisions that are no longer necessary because
the affected
[[Page 26116]]
facility has permanently shut down. A second set of revisions Ohio EPA
made to its rules renumbered emissions units and updated addresses for
facilities that have combined operations. A final set of revisions
modified the wording of selected text to reflect new semantic
preferences, reordered definitions alphabetically, and updated test
method, publication and referenced material titles, effective dates,
addresses and websites.
Previous revisions to the rules in OAC 3745-17 included providing a
category of power plants operating continuous opacity monitoring
systems the option to demonstrate compliance with an alternate set of
opacity limits. Ohio EPA requested approval of those revisions on June
4, 2003, but EPA proposed to disapprove those revisions on June 27,
2005, at 70 FR 36901. Subsequently, on September 5, 2014, Ohio EPA
withdrew its submittal of these revisions. On June 1, 2018, Ohio EPA
submitted revisions to OAC 3745-17 and requested that EPA not act on
the alternate set of opacity limits. On February 21, 2024, Ohio EPA
clarified that the state was not requesting EPA action on these
provisions in its January 18, 2024, submittal.
II. Review of Other Rule Revisions
As summarized above, Ohio EPA's revisions to OAC 3745-17 include
the removal of provisions that pertain to facilities that have
permanently shut down, renumbering of emissions units for facilities
that have combined operations, and modification of wording for phrases
that Ohio EPA wishes to rephrase. Chapter 3745-17 includes 11 rules,
extending from 3745-17-01 to 3745-17-14 but not including the adopted
but now rescinded rules numbered 3745-17-02, 3745-17-05, or 3745-17-06.
Ohio EPA revised all 11 of these remaining rules. The following
discussion reviews each rule revision individually.
3745-17-01 ``Definitions''
The primary revisions to OAC 3745-17-01 include the addition of a
section to the introduction explaining that the definitions in 3745-15-
01 ``General Provisions on Air Pollution Control'' apply to the rules
in chapter 3745-17, the renumbering of the referenced materials section
to paragraph AA, the alphabetical reordering of definitions throughout
the rule, and updates to publication dates and website URLs of
referenced materials. No terms or definitions were added or removed
from this section.
3745-17-03 ``Measurement Methods and Procedures''
The primary revisions in this rule are editorial, for example the
revision of references to terms defined in 3745-17-01 to reflect the
new location of those terms that were reordered, the revision of the
introduction paragraph to show the Referenced Materials section is
located under paragraph (AA), cleaning up sections 3745-17-03(B)(3),
3745-17-03(B)(4), 3745-17-03(B)(9) and 3745-17-03(B)(10) to renumber or
remove references to rules that had been removed in previous
rulemakings, and the removal of provisions that apply to facilities or
emissions units that have permanently shut down. Additional editorial
changes include removal of the use of ``shall'' in some instances,
removing pronouns such as ``his/her'' and in instead referring to ``the
observer''. EPA finds that these editorial revisions yield an equally
acceptable regulation. While Ohio EPA requested approval of most of OAC
3745-17-03, Ohio EPA expressly excluded two elements of OAC 3745-17-03
from this request. One of these elements, in OAC 3745-17-03(B)(1)(b),
offers an alternate opacity limit (in brief, authorizing 1.1 percent of
nonexempt 6-minute opacity values to exceed 20 percent opacity) for
power plants operating continuous opacity monitoring systems. The
second, associated element is the phrase in OAC 3745-17-03(B)(1)(a)
stating ``Except as provided in paragraph (B)(1)(b) of this rule''.
These are provisions that Ohio EPA submitted on June 4, 2003, that EPA
proposed to disapprove on June 27, 2005, and that Ohio EPA withdrew
from consideration on September 5, 2014. Accordingly, EPA is proposing
to act on most of OAC 3745-17-03 but EPA is proposing not to act on
subparagraph 3745-17-03(B)(1)(b) and the specified phrase in 3745-17-
03(B)(1)(a).
3745-17-04 ``Compliance Time Schedules''
The primary revisions in this rule are the removal of provisions
that apply to facilities or emissions units that have permanently shut
down and the removal of references to paragraphs that were removed in
previous rulemakings. EPA finds that these revisions are approvable.
3745-17-07 ``Control of Visible Particulate Emissions From Stationary
Sources''
The primary revisions in this rule include modifications to the
introduction paragraph to show the information for referenced materials
are located under paragraph (AA), and the removal of references to
3745-17-07(B)(9) and 3745-17-07(B)(10) as those paragraphs were removed
in previous rulemakings. EPA finds that these revisions result in an
equally protective set of rules and are approvable.
3745-17-08 ``Restriction of Emission of Fugitive Dust''
The primary revisions in this rule are modifications to the terms
defined in 3745-17-01 to reflect the new location of those terms that
were reordered, changes to the introduction paragraph to show the
information for referenced materials is located under paragraph (AA),
the removal of references to 3745-17-08(E) and 3745-17-08(F) as those
paragraphs had been removed in previous rulemakings, and revising the
facility name and address associated with Ohio EPA premise number
0641090010 in 3745-17-08(A)(3)(e) to reflect the facility name change
from ``Mingo Junction Steel Works LLC'' to ``JSW Steel USA Ohio'' and
the removal of the address for the north plant that has permanently
shut down. EPA finds that these revisions are approvable.
3745-17-09 ``Restrictions on Particulate Emissions and Odors From
Incinerators''
The primary revisions in this rule are minor and editorial, for
example changing the language from ``shall apply'' to ``applies''. EPA
finds that these revisions are approvable.
3745-17-10 ``Restrictions on Particulate Emissions From Fuel-Burning
Equipment''
Ohio EPA removed provisions that are moot due to the permanent shut
down of an affected facility, and Ohio EPA made editorial revisions to
remove references to paragraphs that were removed in previous
rulemakings. EPA finds that these revisions are approvable.
3745-17-11 ``Restrictions on Particulate Emissions From Industrial
Processes''
The primary revisions in this rule are changes to terms defined in
3745-17-01 to reflect the new location of those terms that were
reordered, removal of the use of ``shall'' in some instances, and the
revision of the facility name associated with Ohio EPA premise number
1318001613 in 3745-17-11(B)(6) to reflect the facility name change from
``ArcelorMittal Cleveland LLC'' to ``Cleveland-Cliffs Cleveland Works
LLC''. EPA finds that these revisions are approvable.
[[Page 26117]]
3745-17-12 ``Additional Restrictions on Particulate Emissions From
Specific Air Contaminant Sources in Cuyahoga County''
Most of the revisions to this rule are to remove provisions that
are moot due to the permanent shut down of the affected source. Ohio
EPA also updated the names of companies and emissions units in
applicable cases. Additional editorial changes include the revision of
the introduction paragraph to show the information for referenced
materials is located under paragraph (AA). EPA finds that these
revisions have no substantive effect on the requirements of the rule
and are approvable.
3745-17-13 ``Additional Restrictions on Particulate Emissions From
Specific Air Contaminant Sources in Jefferson County''
As with OAC 3745-17-12, the revisions to OAC 3745-17-13 remove the
provisions that apply to sources that have permanently shut down and
update the names of affected companies where appropriate. EPA finds
that these revisions have no substantive effect on the requirements of
the rule and are approvable.
3745-17-14 ``Contingency Plan Requirements for Cuyahoga and Jefferson
Counties''
The primary revisions to this rule are to remove the provisions
that apply to sources that have permanently shut down. Ohio EPA also
made editorial revisions similar to those discussed above. EPA finds
that these revisions are approvable.
III. What action is EPA taking?
EPA is proposing to approve the revisions to OAC 3745-17 that Ohio
EPA submitted on January 18, 2024, with the exception of selected
sections of OAC 3745-17-03 as clarified by Ohio EPA on February 21,
2024.
IV. Incorporation by Reference
In this rulemaking, EPA is proposing to include, in a final EPA
rule, regulatory text that includes incorporation by reference. In
accordance with requirements set forth in 1 CFR 51.5, EPA is proposing
to incorporate by reference Ohio EPA rules 3745-17-01, 3745-17-03 [with
the exception of the phrase in 3745-17-03(B)(1)(a) reading ``Except as
provided in paragraph (B)(1)(b) of this rule'' and 3745-17-
03(B)(1)(b)], 3745-17-04, 3745-17-07, 3745-17-08, 3745-17-09, 3745-17-
10, 3745-17-11, 3745-17-12, 3745-17-13,and 3745-17-14, effective August
25, 2023, discussed in section II of this preamble. EPA has made, and
will continue to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Ohio EPA did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: March 27, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-07129 Filed 4-12-24; 8:45 am]
BILLING CODE 6560-50-P
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